dismissed
H-1B
dismissed H-1B Case: Management Consulting
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Decision Summary
The appeal was dismissed due to unresolved inconsistencies regarding the nature of the proffered position. The petitioner used multiple, distinct job titles (e.g., budget analyst, market research analyst, financial manager) for the role, and the claimed high-level, complex duties were contradicted by the Level I (entry-level) wage designation on the Labor Condition Application.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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